Developing lists of mandatory local regulations and legal acts of an organization is a job that almost every more or less large business that seeks to expand and universally optimize various commercial processes will have to face. Moreover, each enterprise creates its own LPA, based on the characteristics of professional activity within its field. The main internal documents that require careful development and execution are job descriptions, functional regulations, sets of rules, and so on.
It is not difficult to guess that all of the listed papers must be drawn up in full compliance with the legislation of the Russian Federation. That is why issues related to their certification are usually submitted to people with the appropriate level of knowledge, including in terms of accounting and tax law. The document flow policy in a particular company is a rather complex area that requires a competent and qualified approach.
What are local regulations: decoding LNA and related concepts
In accordance with Art. 5 of the Labor Code of Russia, the relationship between employers, employees, partners and consumers is regulated not only by the laws in force in the country, but also by the internal regulations of the enterprise itself. Of course, a legal entity establishes any rules only within its own competence, taking into account all permissible regulations. Based on the definitions presented in Art. 8 of the Labor Code of the Russian Federation, it can be understood that the term “classical legal acts” is usually understood as a document containing labor law norms and adopted by the corporation within the permitted framework.
Examples of such documentation are all kinds of current regulations, vacation schedules, work shift tables, job descriptions, provisions on trade secrets, certificates of processing of personal data of third parties, and so on. As mentioned earlier, the full list of LNA varies depending on the requests and type of activity of the organization itself.
How to distinguish local regulatory documents from other personnel documents
It is important to distinguish between local regulations and individual legal acts, such as orders on hiring, dismissal, payment of bonuses, financial assistance and other documents for one-time use or relating to only one employee.
The main difference between the LNA is the fact that if there is a trade union, some local regulations must be adopted taking into account its opinion (Article 8 of the Labor Code of the Russian Federation). At the same time, collective agreements and agreements will not apply to local acts.
LANs differ from the regulatory legal acts we discussed in another article in the following ways:
- Act only within a specific organization;
- They do not have methods of protection such as state coercion and direct state sanction - internal disciplinary sanctions are provided for violation of local regulations;
- They are not legal, that is, they do not contain legal norms. In reality, local documents contain more rules of behavior, rules of discipline, etc.
The Letter of Rostrud dated May 15, 2014 No. PG/4653‑6‑1 states that the staffing table is a local regulatory act of the organization, but not directly related to work activities. Therefore, the employer is not obliged to introduce a newcomer to it when hiring. Before concluding an employment contract, employees must be familiar only with local regulations related to labor activities.
In any case, regardless of whether the staffing table and vacation schedule relate to local regulations, they must be in every organization.
Classification of local acts
Absolutely all papers of the class under consideration can easily be divided into two main, large groups:
- mandatory - their presence is presented in the form of a requirement established by the relevant sections of the legislation of the Russian Federation;
- optional - forms approved by the company at its own discretion, but also in full agreement with current government regulations.
It is not difficult to guess that for the lack of unifications that must be adopted by a legal entity by law, the company will be forced to face various sanctions, including financial penalties. Thus, the answer to the question of what is a mandatory list of local legal acts (LNA documents and legal acts) of an organization should be of interest to the owners of all types of classic businesses without exception.
How to challenge a local regulatory act of an organization
Such acts (in the field of civil or labor relations) must be challenged in court. in the field of civil or labor relations. The consideration should take place within the framework of claim proceedings, according to the Civil Procedure Code of the Russian Federation, since the controversial legal relations themselves are based on the free will of the parties and have an equal, contractual nature, in which there is no element of power. Any local act issued in a private organization has the property of being dispositive; its effect is initially accepted by the employee voluntarily when concluding an employment contract. In case of subsequent disagreement of the employee with the local act, he has the right to appeal it in civil proceedings.
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Requirements for such documentation
A person involved in compiling the forms in question should pay attention to GOST R6.30-2003. Within the framework of this enforcement standard, detailed recommendations for the preparation of organizational and administrative papers are described. For example, here it is said that the certificate template necessarily includes the following set of informative blocks:
- name of the legal entity, according to the constituent certificates;
- the name of the document itself (regulations, list of rules, etc.);
- serial number of the act, as well as the date and time of approval;
- approval visa (if available);
- a special note about available applications;
- signature of the head of the enterprise or other responsible person;
- the time frame during which the corporation will accept the functioning of the paper.
In general, there are much more requirements regarding the process of drawing up legal acts. As mentioned earlier, most of them are given in the calculations of GOST R6.30-2003.
Requirements for such documentation
The person involved in drawing up the forms in question should pay attention to GOST R6.30-2003. Within the framework of this enforcement standard, detailed recommendations for the preparation of organizational and administrative documents are described. For example, it says here that a certificate template must include the following set of information blocks:
- name of the legal entity, according to the registration certificate;
- the name of the document itself (regulations, list of rules, etc.);
- serial number of the act, as well as the date and time of approval;
- confirmation visa (if available);
- special note about available applications;
- signature of the head of the company or other responsible person;
- the period during which the company will accept the paper for use.
In general, much more requirements are placed on the process of drafting legal acts. As mentioned above, most of them are given in the calculations of GOST R6.30-2003.
What standards are being developed in LLCs and individual entrepreneurs?
The Labor Code of the Russian Federation provides an exhaustive list of LNAs that are required to be created within each organization:
- inner order rules;
- regulations on remuneration and bonuses;
- vacation schedule;
- personal data processing standard;
- shift tables not attached to contracts;
- staffing table.
In addition, in various sections of the Labor Code of the Russian Federation there are also references to papers describing the standardization of work activities, the procedure for certification and the use of safety precautions. This list perfectly answers the question of which documents and local acts constitute an obligation that no legal entity should evade. All other types of legal acts are classified by law as independent regulations, necessary exclusively for the internal needs of the enterprise itself.
What regulatory documents should the organization have?
All local documentation can be divided into mandatory and optional.
List of required documents
Mandatory local regulations of the organization:
- internal labor regulations (ILR);
- a document regulating the procedure for storing and using personal data of employees, for example, a regulation on personal data of employees;
- provisions on remuneration and bonuses, if the corresponding conditions are not in the PVTR;
- LNA containing a list of positions of workers with irregular working hours;
- local legal acts, providing for the division of the working day into parts.
List of optional documents
Non-binding local acts include such provisions on personnel, on voluntary medical care. insurance, codes of ethics, job descriptions - the list is open.
Not a single local document should contradict legal requirements
Specialized LNA
However, it is worth remembering that almost any rule will have some exceptions. Here, the role of such is played by special, also mandatory, regulatory documents relating exclusively to certain industries. A striking example of an activity that requires the development and implementation of additional, but no less important documentation is an ordinary school.
Traditional educational institutions operate, among other things, using a certain assessment system, the foundations of which, of course, are fixed in paper format. Moreover, each educational institution compiles its own list of criteria intended to be applied to students, based on recommendations and regulations from the following list:
- Federal Law No. 273-FZ.
- Official program “Development of Education for 2022”.
- Order of the Ministry of Education and Science No. 462.
- Resolution of the Ministry of Education of the Russian Federation No. 1324 and so on.
There are many similar examples: within a particular area there will always be regulations used exclusively for that area. Of course, this state of affairs slightly complicates the process of drawing up legal regulations for people who are not well versed in the specifics of legislative regulations.
General overview
The company's LNA is not tyranny or arbitrariness, but legal documentation based on the current legislation and completely subordinate to it. All provisions included in such a set of documents must comply with the requirements of codes and legislative acts of various levels. Contradictions to the Constitution and violation of human rights and freedoms are unacceptable. A company that has allowed this to happen when formulating its own LNA will be liable to the courts if this fact is discovered.
The development of LNA involves the participation of lawyers, HR specialists and other professionals managing the enterprise as a whole and its departments in particular. For a company, LNAs become local laws that completely control the behavior of people on the territory of the enterprise. The documentation is developed by the enterprise specialists responsible for this and approved by the head of the company, after which it is used to regulate a wide variety of areas of activity. It is through the LNA that it is determined how to behave in a given situation.
The procedure for adopting local acts
It is not difficult to guess that the development of LNA is a procedure implemented in accordance with the most comprehensive, step-by-step and comprehensive approach. Experts responsible for office work within certain large companies always divide such work into a list of the main, most important stages:
- primary, basic design;
- coordination and analytics;
- making necessary amendments;
- management approval;
- introduction to the law enforcement field;
- execution control.
Moreover, according to Art. 372 of the Labor Code of the Russian Federation, the person responsible for the implementation of the entire complex of operations must send the final, ready-to-launch form for consideration to the body of the primary trade union organization. This role can also be played by any other similar structure that represents the interests of employees throughout the entire period of their relationship with employers.
A local regulatory act of an organization is not a document that has not been accepted by the specialists of the specified supervisory service. Of course, a trade union (or its equivalent) can refuse to enter into force a particular document only if there are compelling reasons. In addition, if any problems arise related to the correctness and literacy of the certified template, representatives of this department can easily contact higher government inspection bodies. Government experts in the field of interaction with the Labor Code have enforcement powers that allow them to cancel unification, issued without consent to the current norms of the country's legislation.
We manage the company
The number of LNAs includes orders. In many companies, documents of this form are the most common, numerous, and regulate the work of the company. At the same time, the rank of the order is lower than the order issued by the main managing person - the general director or another person holding the highest position. An order is a document that regulates the work of the enterprise as a whole, subjugates all the company’s personnel; there simply can be no exceptions. But the order is issued by the head of the department and applies only to those persons who are subordinate to him in accordance with the hierarchy of positions.
An order (in most cases) is a document describing those instructions that were previously received from persons of a higher official level. They are usually adopted to record all operational tasks, the solution of which is designated as a priority.
About details
It is not difficult to guess that developing a full range of classifications of local regulatory documents and acts is a huge job, with an incredible number of pitfalls. However, in 2022, there are a large number of ways to facilitate the processes assigned to personnel officers and clerks of a wide variety of enterprises. These techniques usually require the use of specialized software. The fact is that modern commercial software packages already include a wide variety of unifications, with detailed calculations about why this or that paper will be really useful within a given organization.
The production of such software includes Russian companies. Our brand supplies modules “Warehouse-15” and “Store-15” (as well as other similar products) to a variety of legal entities operating in Russia, Belarus, Kazakhstan, Ukraine and the countries of the European Union. The company, which has been working in this field for the past 17 years, has managed to achieve a reputation as the most honest, reliable and competent creator of all kinds of IT solutions. Cleverence hardware and software systems include a wide range of tools suitable for widespread automation and optimization of almost any type of classic routine business processes.
Registration of a local regulatory act
As mentioned earlier, a person involved in the development of any regulatory legal acts must rely on the calculations presented within the framework of GOST R6.30-2003. According to the presented enforcement regulations, the following blocks and sections are required to be written on each form of the type in question:
- the name of the organization, entered in full accordance with the constituent certificates;
- the name of the template itself, reflecting its essence (rules, job descriptions, responsibilities of foremen, vacation schedule, and so on);
- date of approval, link to the approved order, registration number of the certificate;
- place of compilation, time frame for functioning of documentation, signatures of responsible and management persons.
The employer develops and approves a local regulatory act only taking into account the position of the body representing the interests of employees and team members. This role can be played either by a separate institution operating as part of a legal entity or by a trade union. Moreover, proposals described on paper are necessarily checked for compliance with current standards of labor legislation of the Russian Federation. If inconsistencies are identified, the template is sent for additional verification, and if the problem persists, it can be easily canceled by submitting an accompanying application.
FAQ
Due to the rather vague definitions in the law, in practice many questions arise regarding the development and application of LNA.
What is stronger: an employment contract or a local act?
Since local acts cannot worsen the situation of employees, in the event of a contradiction between the LLA and the employment contract, the provisions of the LLA do not apply. The employment contract has higher legal force.
Do employees need to be familiarized with these documents?
Yes, the employer’s obligation to familiarize the employee with any local regulations related to his work activities is established by law. Before signing an employment contract, familiarize everyone hired with the internal labor regulations, provisions on remuneration and personal data, and the job description (Letter of Rostrud dated October 31, 2007 N 4414-6).
It is not necessary to familiarize the employee, for example, with the staffing table or shift schedule. The fact that the employee is familiar with the LNLA is confirmed by his signature in the familiarization log or on the familiarization sheet for the LNLA or employment contract.
Ready-made solutions for all areas
Stores
Mobility, accuracy and speed of counting goods on the sales floor and in the warehouse will allow you not to lose days of sales during inventory and when receiving goods.
To learn more
Warehouses
Speed up your warehouse employees' work with mobile automation. Eliminate errors in receiving, shipping, inventory and movement of goods forever.
To learn more
Marking
Mandatory labeling of goods is an opportunity for each organization to 100% exclude the acceptance of counterfeit goods into its warehouse and track the supply chain from the manufacturer.
To learn more
E-commerce
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To learn more
Institutions
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To learn more
Production
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To learn more
RFID
The first ready-made solution in Russia for tracking goods using RFID tags at each stage of the supply chain.
To learn more
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To learn more
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Obtaining certified Cleverence partner status will allow your company to reach a new level of problem solving at your clients’ enterprises.
To learn more
Inventory
Use modern mobile tools to carry out product inventory. Increase the speed and accuracy of your business process.
To learn more
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Use modern mobile tools to account for goods and fixed assets in your enterprise. Completely abandon accounting “on paper”.
Learn more Show all automation solutions
Local regulatory and legal acts of legal acts: examples of development, approval and approval processes
So, the procedure for drawing up the LPA should also be carefully analyzed, including by drawing up a separate document telling responsible employees about how and what they need to do. Moreover, not only top managers, but also department heads, senior foremen, accounting specialists, personnel officers and economists can take part in the creation of both this basic instructional basis and all subsequent papers. Once the template has included absolutely all the capital details, it should be agreed upon with all involved departments of the enterprise. Final control is an inspection by a body representing the interests of the employees themselves. The enforcement powers of such a structure are given in Art. 327 Labor Code of the Russian Federation.
Change and cancellation of LPA
Understanding which documents are local acts and which are not seems to be the key to the competent organization of the work process. It is not difficult to guess that all amendments made to the submitted papers must be formalized by issuing appropriate orders. Moreover, the employer cannot independently vary the various conditions specified in such forms. Personnel should be warned about upcoming formations at least two months before their final approval within the enterprise. It is precisely this rule that is described in the calculations present in Art. 74 of the Labor Code of the Russian Federation. The abolition of all kinds of legal acts is carried out in a similar manner, which can be regulated at any time.
Change and cancellation of local regulations
Understanding which documents are local acts and which are not is presented as the key to competent organization of document flow. It is not difficult to guess that all changes made to the submitted works must be formalized by issuing appropriate orders. In addition, the employer generally cannot independently vary the various conditions specified in such word forms. Personnel should be notified of upcoming training at least two months before its final approval within the company. It is according to this rule that the calculations presented in Art. 74 Labor Code of the Russian Federation. In the same way, the abolition of all kinds of legal acts that can be regulated at any time is carried out.
Is it necessary to familiarize employees with documents?
The answer to the question of what a local legal and local normative act (LNA) is in the organization’s personnel and institutions is simply impossible without the involvement of the working team. As mentioned earlier, absolutely all certificates of this class are approved by sending an accompanying notification to the structure that represents the interests of specialists in relations with employers. This is, for example, a trade union or any other similar institution. In addition, the craftsmen themselves are also notified in written format, with receipt of signatures for familiarization. Such procedures are described in Russian legislation concerning the labor activities of individuals.
Understanding that local regulatory documents include all types of acts that affect the employees themselves is the key to organizing a competent and effective work process. However, there are many other equally important variables involved in creating a profitable business. Some of them, for example, rely on the need to use reliable and high-quality software. The development of such products is carried out, including by the Russian one. The modules “Warehouse-15” and “Store-15” already include all the templates and recommendations for compiling classic LNA, and also contain a wide range of different tools designed for the widespread optimization of routine business processes.
Is it necessary to familiarize employees with documents?
The answer to the question of what a local legal and local regulatory act (LNA) is in the staff of an organization and institution is simply impossible without the participation of the working team. As mentioned above, absolutely all certificates of this class are approved by sending an attached notification to the structure representing the interests of specialists working with employers. This is, for example, a trade union or any other similar institution. In addition, the teachers themselves are notified in writing, with signatures confirming their familiarization. Such procedures are described in Russian legislation relating to the labor activities of individuals.
Understanding that local regulations include all kinds of acts that affect the employees themselves is the key to organizing a competent and effective work process. However, there are many other equally important variables involved in creating a profitable business. Some of them, for example, are based on the need to use high-quality and reliable software.
